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HomeMy WebLinkAboutMinutes - September 5, 1956.G6 CITY COUNCIL, CITY OF LODI COUNCIL CHAMBER, CITY HkLL SEPTEMBER 5, 1956 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock of Wednes- day, September 5, 1956; Councilmen Fuller, Hughes, Katzakian, Robinson and Mitchell (Mayor) present; none absent. Minutes of the meeting of August 1, 1956 were approved as written and mailed. PUBLIC HEARINGS PALLESEN City Clerk Glaves expalined that he had REZONING failed to advertise a Public Hearing to rezone Lots 85 and.86 of Hutchins Home- stead Addition #3 in the prescribed time before this meeting. He asked that the public hearing for the rezoning of these lots be reset for the September 19th meeting. By general agreement of the Council, the hearing was reset for Sep- tember 19, 1956• PARKING DIS- This being the time and place set for TRICT NO. 1 the public hearing on the formation of Parking District No. 1, Mayor Mitchell declared the hearing open to public dis- cussion. At the invitation of the Mayor, kr. Kenneth Jones of the law firm of Kirkbride, Wilson, Harzfeld, and Wallace, explained the purpose of the hearing. The City Clerk read written protests received from the following: William and Mary Hoegerman, L. J. Peterson, Fred A. Rich, W. B. Polansky, Purity Stores, Ida Graffigna, Marie Graffigna Betten- court, Rita Graffigna Solarie, Marjorie Graffigna, and Frank Graffigna. Mayor Mitchell then called for those persons wishing to offer oral protests. The oral protests were offered by Mr. H. E. Looser, Mrs. E. F. Nichols, and Ted Reynolds. Mayor Mitchell called upon Mr. Jack Hoggatt, Secretary -Manager of the Chamber of Commerce, to outline the district boundaries and location of pro- posed parking lots in the district. At the invitation of the Mayor, Mr. Joe Newfield, Chairman of the Parking Com - mittee of the Retail Merchants Division of the Chamber of Commerce, expalined the proposed financing of the District. Mr. Randall Walker, Harold Wise and Associ- ates, explained that the distridt as pro- posed implemented the study and recom- mendations of the Master Plan. Mr. H. E. Looser addressed the Council to say that he understood the existing parking meters were to finance off-street park- ing lots. However, to date there had been no addition parking furnished near his property. Mr. William C. Hoegerman ! protested that he did not feel the property owners within the district had had sufficient time to study the pro- posal. Mr. Ted Reynolds stated that he felt the boundary lines of the district were unfair and he felt there were other __'_"_ __ ..r•.......... i, �iiv uvuua,aaucu 5 property owners that should have been included since they would also be benefited. Mr. Karl Nichols stated he felt there should be some guarantee to the owners of property that the lots to be purchased would be near enough for the people to receive benefit from them. k4r. Kenneth Jones explained that the lots designated on the petition represented more lots than it would be practical to de- velop; however, the property owners will have an opportunity to participate in the final selection of parking lots at a subsequent hearing. He added that there will be no .obligation of the property owners, nor could bonds be sold until options are secured for 80% of the property finally determined for purchase.- Mr. Harry Mahaffey stated that he also protested to the formation of the dis- trict, although he was not a property owner, and he felt that the City Council should take into consideration loss of ad valorem tax and business license revenues. -r Hoggatt pointed out that full consideration had been given to both the immediate loss of revenues by the proposed acquisition of property in the district and the contemplated increase of business conducted and assessed valuation within the district. He also pointed out that an active and energetic committee had been working on the district for two years. This committee has not only been trying to improve the situation today, but they have been looking toward the future and trying to provide for that future. Mr. Hoegerman stated that he was in favor of providing off-street parking, but he felt this district was unfair for the following reasons: (1) The tax was being shouldered by only part of the property owners, whereas many others would be bene- fited. (2) He did not feel this district con- stituted the answer to the problem in the downtown district. (3) At least in one instance property that had been proposed for acqui- sition as a parking lot had been removed from the proposal and he felt that this was not proper or fair. RES. NO. 1965 (0 He opposed the condemnation of ADOPTED property as being confiscatory. Councilman Robinson then moved, Fuller second, the adoption of Resolution No. 1965 entitled, "A Resolution Determinin'- the Convenience and Necessity of Acquisitions and Improvements, Overruling Protests and Directing Formation of Parking District No. 1." The resolution was adopted by the following vote: 58 —... r, .. _ cwa ca J, i7JV, '.;Ul11.i11uCu AYES: Councilmen - Fuller, Robinson, Katzakian, and Mtchell NOES: Councilmen - Hughes ABSENT: Councilmen - None ORD. NO. 56$5 Councilman Robinson then asked if the INTRODUCED district might be enlarged. lir. Jones replied that the district could be en- larged, but only after giving due notice and holding further hearings. Ordinance No. 568, an ordinance relating to the formation of Parking District No. 1, wasthen read in fk l andintroduced on the motion of Council- man Katzakian, Robinson second. The motion was carried by unanimous vote. IMPROVFXENT Mr. H. C. Baumbach, 515 Cherry Drive, OF CHERRY DR. asked the City Council what determination had been made for the improvement of the 500 block of Cherry Drive. Mr. Weller reported that the engineering estimate for the grading and surfacing of Cherry Drive was $395. Councilman Robinson asked if the City should pay for the street improvement before the abutting property owners had improved the street to City standards. hlr. Baumbach replied that the street had been improved to the standards of the City in effect at the time of the improvement. Councilman Robinson pro- tested the expenditure of money on the street until it was improved to the City specifications. On the motion of Council- man Katzakian, Fuller second, the Coun- cil voted to authorize the improvement of the 500 block of Cherry Drive as a substandard. -street (alley), calling for grading and oiling. The motion was carried by the following vote: AYES: Councilmen - Fuller, Hughes, Katzakian, and Mitchell NOES: Councilmen - Robinson ABSENT: Councilmen - None Mr. Weller pointed out that the Engineer- ing Department was on a tight schedule and he was uncertain as to the date the project could be -undertaken. G & G BAR Mr. Foscoe Collier, 615 S. Stockton Street, COMPLAINT addressed the City Council to explain that the residents of the 400 block of South Iain Street were being disturbed by the noise and confusion created in the early hours of the morning by the G & G Bar in that block. He submitted a petition signed by the residents in the area ask- ing that the property be rezoned and that their business license be revoked. City Attorney Mullen pointed out that since business licenses are:'for revenue and not for regulation, licenses cannot be re- voled. He also :.ointed out that although the property could be rezoned, such action would not affect the present use since it could still operate as a nonconforming use. On the recommendation of the City Attorney, Councilman Katzakian moved, Hughes second, that the matter be referred to the Chief of Police for investigation and report to the Alcoholic Beverage Control Board. TRASH BURNING Air. George Bruns, 700 Windsor Drive, addressed the City Council to ask that consideration be given to the adoption of an ordinance pro- hibiting the burning of trash within the City limits. He explained that the present rules and regulations pertaining to the burning of trash were being abused, and a nuisance was being created. The matter was referred to the City Manager for investigation and report. C O i!4U N IC A TI ONS TRAFFIC COURT A letter from the American Bar Association, AWARD dated August 27, 1956, informing the City Council that the Traffic Court had been selected by the American Bar Association to receive an award for progress achieved on traffic court improvement during the past year. A certificate is to follow in the mail. ABC LICENSE Application for the transfer of Alcoholic Beverage License for on -sale Beer and Wine by Joseph L. Yip at King Yin Cafe, 10 S. Lain Street. SEIBEL CLAIM City Clerk Glaves read a claim submitted on behalf of Lydia Seibel, claiming damages for injuries sustained on May 30, 1956, at 1015 W. Lockeford Street, The amount of damages claimed -by Mrs. Seibel was 35,000 and an additional sum of $528 for special damages. On the motion of Councilman Hughes, Fuller second, the claim was rejected and referred to the insurance carrier. COUNTY PLAN- A letter from the County Board of Supervisors, NING CLNliiISSIONdated August 29, 1956, informing the City Council that the Board of Supervisors find it beyond their legal power to enlarge the County Planning Commission as proposed by the cities within the County. Its membership is limited to nine members, and the Board did not feel that it would be ea_uitable to appoint a.member from each city to the County Planning Commission. It was suggested that an area Planning Commission might be formed to achieve the end sought by the Cities. CITY INSPEC- A letter from the Great American Indemnity TION Company of New York, dated August 13, 1956, informing the City of Lodi that the customary quarterly inspection had been conducted by the Company on August 7, 1956. The inspection disclosed that the City's streets, sidewalks, and automotive equipment fully comply with the underwriting standards. REPOR'Ta OF THE C;TY I;ANAGER SPECS Specifications for a pump to be placed in SEWER PUMP the sewer line between Hutchins Sunset Park has offered to lease this land, a parcel and the sewage disposal plant were aoproved 30 feet by 50 feet, to the City for $1 for on the motion of Councilman Katzakian, Fuller the term of the lease. P.G.&E. has also second. SPECS Specifications for the animal shelter, es - ANIMAL SHIEL- timated cost $18,000, were approved and ad - TER vertising for bids was authorized on the cute a letter of agreement holding the Com - motion of Councilman Katzakian, Fuller second. SPECS Specifications for the installation of curb BLAKELY PARK and gutter around the north, east, and south interrupt this service. On the motion of sides of Blakely Park were approved on the Councilman Hughes, Katzakian second, Res- motion of Councilman Robinson, Fuller second. SPECS Specifications for.the side -inlet catch basin CATCH BASIN program were approved on the motion of Council- to siF.n on behalf of the City of Lodi, was man Hughes, Katzakian second. ABANDON UN- The City hanger reported that he received NA1,,LD RIGHT- a recommendation from the City Attorney that OF -WAY action now be taken to abandon the unnamed were as follows: right -o£ -way running between Louie Avenue and Rice Brothers 10,122.50 Turner Road east of Ham Lane. 14r. Mullen Claude E. Wood Co. 10,230.00 explained that on a previous occasion the City Council had contemplated the abandon- ment, but when it was found that the inter- ests in the right-of-way were held by several private parties, the proceedings were abandoned RES. NO. 1963 until the situation was clarified. He ex - ADOPTED plained that Louie Avenue had now been opened to Ham Lane, and he felt action by the City Council at this time would facilitate the clarification of the whole matter. Resolu- tion No. 1963, declaring the intention of the City Council to abandon said richt-of- .way, was then adopted on the motion of Council- man Robinson, Hughes second. . LEASE 30 X 50 The City :•ianager reported that some of the PLOT FROM P. equipment recently purchased from the Pacific G.& E. Gas and Electric Company is located at the P.G.&E._plant on Cherokee Lane. The Company has offered to lease this land, a parcel 30 feet by 50 feet, to the City for $1 for the term of the lease. P.G.&E. has also offered to serve the City with 24 -volt direct current for the circuit breaker at no cost to the City. They only ask that the City exe- cute a letter of agreement holding the Com - RES. N0. 1964 pany harmless from any liability --.arising ADOPTED from any equipment failure which might interrupt this service. On the motion of Councilman Hughes, Katzakian second, Res- olution No. 1964, approving the letter of agreement and authorizing the City Manager to siF.n on behalf of the City of Lodi, was adopted by unanimous vote. AWARD HA:,i LANE City :Manager reported that two bids had been SURFACING received for the surfacing of Ham Lane. Bids were as follows: Rice Brothers 10,122.50 Claude E. Wood Co. 10,230.00 aures continued :18:1 RES. NO. 1966 He recommended that the contract be awarded hDOPTED to Rice Brothers as low bidder. Resolution No. 1966, awarding the Ham Lane surfacing contract to Rice Brothers, was then adopted. HOLLY La. ii:r. Weller reported that the City Engineer OPENING estimated the cost of improving Holly Drive between_ Bel Air Estates and Costa Tract at $1,800. The school districts share for the south half of the street would be 4900. Councilman, Robinson then moved, Fuller second, that the City 1ianager be instructed to pro- ceed with the opening of Holly Drive and authorized expenditure of City funds to improve the south half of the street. CHURCH & rr. Weller reported that he had received LOCKEFORD STS. complaints that the stop sign at the north - STOP SIGN east corner of Church and Lodkeford streets LODI AVE. is difficult to see. He added that the Util- WIDENING ity Department had been instructed to in- stall a light over the sign to give it better visibility. hIVER LEVEE Mr. Weller reported that the property own- ers along the south bank of the Mokelumne River east of Laurel Drive have agreed to the construction of a levee over their land. As a result of negotiations with the City Engineer they have offered the right of way across their property at no cost to the City, provided the City will undertake the construc- tion of the levee. It is proposed that the necessary soil be secured from the necks of bends in the River. The City Engineer re- ported that at this time he was unable to gain enough information on which to base an estimate of the cost of the project. ,Kr. Weller suggested that some thought should be given to the formulation of a policy re- garding the basis upon which the City will undertake this -type of work. LODI AVE. Mr. Weller reported that the Engineering WIDENING Department had received rights of way on Lodi Avenue from all property owners ex- cept the Signal Oil Company and the Lang- ford corner. CITY AUDIT The City Manager reported that three proposals AWARD had been received fV01 conducting the City's independent audit. The proposal of Mr. George Johnson, with a $900 maximum was the lowest proposal. He pointed out that lir. Johnson had conducted audits for the City in previous years and his work had been found satisfactory. The City Mianager was authorized to sign a contract with b:r. Johnson on the motion of Councilman Fuller, Hughes second. CLAIP•:S Claims in the amount of $98,642.1? were approved on the motion of Councilman Robin- son, Katzakian second. REZONING ORDINANCE NO. 565, ENTITLED "AKLNDING THE BARBERA ADDI- OFFICIAL DISTRICT NIAB OF THE CITY OF LODI AND TION THEREBY REZONING A CERTsIN P,RCLL OF LAND AT THE SOUTHEAST COINER OF SOUTH HUTCHINS STREET AND KETTLFI- N LANE," having been introduced at the August 15, 1956 meeting, was brought ORD. NO. 565 up for passage on the motion of Councilman ADAPTED Katzakian, Fuller second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Robinson, Kat- zakian, Hughes, and Mitchell NOES: Councilmen - None ABSENT: Councilmen - None k:,!NDIHG SIDE ORDINANCE NO.. 566, ENTITLED ttAIKENDING ORD" YARD RE4UIRE- INANCE NO. 469 (ZONING ORDINANCE ) TO PRO- MENTS VIDE FOR THE !.,ODIFICATIOh AND CLA?,IFICATION OF SIDE YARD REQUIREMENTS," having been intro- duced at the August 15, 1956 meeting, was brought up for passage on the motion of Councilman Robinson, Katzakian second. Sec- ond reading was omitted after reading by ORD. NO. 566 title, and was then passed, adopted and ord- ADOPTED ered to print by the following vote: AYES: Councilmen - Fuller, Robinson,Katzakian, Hughes, and Mitchell NOES: Councilmen - None ABSENT: Councilmen - None Ordinance No. 566 was then signed by Mayor Mitchell in approval thereof. HONORARY On the motion of Councilman Hughes, Katzakian N,AYOR second, -Mr. Thomas Mitchell, T.Y. "Mayor of the Town", was appointed Honorary Mayor to serve during the Golden Jubilee Celebration. On the motion of Councilman Robinson, the meeting was adjourned t 12:15 a.m. ATTEST: HE A. GLAVE , JR. City Clerk